International Trade

  • October 24, 2016

    Bio-Rad Says Ex-GC Whistleblower Testimony Privileged

    Bio-Rad Laboratories Inc. asked a California federal judge on Friday to bar testimony from its former general counsel who is accusing the life sciences company of firing him for raising potential bribery allegations, saying all evidence the lawyer obtained through the course of his work is privileged.

  • October 24, 2016

    US Customs Taps AmeriHealth Exec As Trade Audit Head

    U.S. Customs and Border Protection has announced its selection of a former AmeriHealth Caritas executive with decades of experience in heath care and financial services auditing to be the executive director of regulatory audit in its Office of Trade.

  • October 24, 2016

    Mexico Hit With $500M NAFTA Claim Over Telmex Ruling

    U.S. investors of a telecommunications company have launched a $500 million North American Free Trade Act claim alleging the Mexican government destroyed their business in an effort to prop up telecom giant Telmex.

  • October 24, 2016

    ITC To Probe Allegedly Infringing Semiconductor Tech

    The International Trade Commission on Monday said it will look into a California-based semiconductor technologies developer's allegations that a French company is importing into the U.S. certain silicon-on-insulator wafers, used in the manufacture of semiconductors, that violate its patents.

  • October 24, 2016

    Senators Urge U.S., Canada To Notch Lumber Agreement

    A group of 24 U.S. senators urged President Barack Obama to continue attempts to reach a new softwoods lumber trade accord with Canada on the terms he and Canadian Prime Minister Justin Trudeau committed to over the summer.

  • October 24, 2016

    Fed. Circ. Won't Pause Garmin Import Ban During IP Case

    The Federal Circuit on Friday refused to pause a U.S. International Trade Commission order barring the import of certain Garmin International Inc. commercial fishing radar products while it hears Garmin's patent infringement appeal.

  • October 24, 2016

    EU Will Face Higher UK Tariff Barriers Post-Brexit: Think Tank

    Post-Brexit, European goods coming to the U.K. will face more than double the tariff barriers of U.K. goods entering the European Union, according to a think tank report issued Monday.

  • October 24, 2016

    Brazil's Embraer To Pay US Feds $205M To End Bribery Claims

    Brazilian aerospace firm Embraer SA will pay $205 million to settle allegations by U.S. authorities that the company violated the Foreign Corrupt Practices Act by paying millions of dollars in bribes to officials in three countries and falsifying accounting records.

  • October 21, 2016

    Sporting Goods Co. Asks ITC To Ban Chinese Arrowheads

    FeraDyne Outdoors LLC, an outdoor sporting goods company, asked the U.S. International Trade Commission on Thursday to block imports of counterfeit arrowheads from China and issue a cease and desist order to the individuals and companies allegedly selling the infringing goods.

  • October 21, 2016

    Illinois Senate Contenders Diverge On Trade, Health, Banks

    Lawyers watching for a possible shift of power in the U.S. Senate this fall may want to keep their eyes on Illinois, where a closely watched race has two candidates offering competing visions on U.S.-led trade agreements, the future of the Affordable Care Act, and how the government should regulate the financial industry.

  • October 21, 2016

    US, Korean Companies File Steel Duty Objections

    Two Korean and two U.S. steelmakers filed suit in the U.S. Court of International Trade on Thursday to raise opposing objections to duties imposed by the U.S. Department of Commerce on multiple kinds of Korean steel this year.

  • October 21, 2016

    Novatrax Can't Pull Some Defendants Out Of Arbitration

    Officers of a German company who hadn’t signed a sales agreement with Novatrax International Inc. that contained an arbitration clause should nevertheless be included in arbitration in Germany instead of litigation in Canada over a contract dispute, the Ontario Court of Appeal ruled Thursday.

  • October 21, 2016

    Pomerantz To Lead Investor Suit Over Embraer Bribery

    A New York federal judge on Thursday appointed Pomerantz LLP as lead counsel in a proposed class action alleging that Brazilian aircraft manufacturer Embraer SA hid from investors a scheme to bribe Dominican Republic officials to win aircraft contracts.

  • October 21, 2016

    Vitamin Buyers Seek Class Cert. In 'Made In USA' Suit

    Consumers alleging vitamin maker NBTY Inc. misleadingly touted its products as containing wholly domestically sourced ingredients asked a Florida federal judge to certify their proposed class on Thursday, saying the vitamin maker deceived thousands of customers in multiple states with its made-in-America label.

  • October 20, 2016

    Fitbit Cleared Of Jawbone's Trade Secret Claims At ITC

    The U.S. International Trade Commission terminated an investigation into whether Fitbit Inc. stole trade secrets from Jawbone on Thursday, saying that it did not find a need to review an earlier decision that cleared Fitbit Inc. of the allegations.

  • October 20, 2016

    Arista Looks To Nix ITC Cisco Patent Ruling At Fed. Circ.

    Arista Networks Inc. has asked the Federal Circuit to reverse an International Trade Commission ruling that it infringed a patent owned by Cisco Systems Inc. relating to Ethernet switch products, saying the commission’s claim construction for the patent was wrong.

  • October 20, 2016

    DOD Must Assess Impact Of Drawdowns, GAO Says

    A U.S. Government Accountability Office report released on Thursday found the Department of Defense has not been assessing the readiness and budget impacts of emergency military assistance deployments over the last five years.

  • October 20, 2016

    US, India Tackle IP, Food Safety Regs In Final Summit

    U.S. and Indian trade officials convened their last high-level summit of the Obama administration Thursday as the U.S. leaned on New Delhi to improve its patent and trademark registrations and not to obstruct agricultural trade with dubious food safety rules.

  • October 20, 2016

    5 Things To Look For As Brexit Disclosures Get More Specific

    After overcoming the initial shock over Britain’s vote to leave the European Union, more public companies have begun updating their risk-related disclosures as they assess how the seismic event impacts their particular business. Here are five areas attorneys say will warrant specific attention as Brexit developments unfold.

  • October 20, 2016

    US Urges Fed. Circ. To Affirm Commerce’s Paper Duty Ruling

    The United States urged the Federal Circuit on Tuesday to sustain the Department of Commerce's anti-dumping duties imposed on a German company’s thermal paper exports, arguing the agency's application of "total adverse facts available" was due to the company's deliberate concealment of its home market sales.

Expert Analysis

  • When Your Client Is The President

    William E. Casselman II

    My experience with the Nixon pardon, the Nixon tapes, the construction of the White House swimming pool, and other matters well out of the ordinary for a president’s lawyer taught me that in the practice of law one should learn to expect and cope with the unexpected, says William Casselman, who served as White House counsel for President Gerald Ford.

  • So You Want To Be A Partner? You Need A Mentor

    Rebecca Glatzer

    Not all aspects of the partnership process are within an attorney’s power. However, there are some factors that an associate can control on the path to partnership, the most important of which are the relationships cultivated along the way, says Rebecca Glatzer of Major Lindsey & Africa.

  • Inside New DDTC Definitions Of Export, Re-Export, Retransfer

    Jack Hayes

    A new Directorate of Defense Trade Controls final rule represents a significant change in a long-standing view of DDTC policy that theoretical access by a foreign person to International Traffic in Arms Regulations-controlled technical data is to be treated as an export, re-export or retransfer, and that the burden was on the data owner to show that no release actually occurred, say attorneys with Steptoe & Johnson LLP.

  • When Your Client Is The President


    I went to the law books, where I discovered the crime of “obstruction of justice,” and realized I was right in the middle of a criminal conspiracy. I didn't fully understand my conduct during Watergate until — decades later — I learned about the psychology of cover-up at work, says John Dean, who served as White House counsel for President Richard Nixon.

  • Trial Pros’ Secret To Courtroom Success

     Jamin S. Soderstrom

    Somewhat surprisingly, very few of the dozens of "trial pros" who have been interviewed by Law360 have revealed the secret to effective trial preparation that is vital to their success. But ultimately, the “secret” to effective trial preparation is not actually a secret, says Jamin Soderstrom of Soderstrom Law PC.

  • Preparing For Changes To Federal Appellate Rules

    Matthew J. Dowd

    On Dec. 1, 2016, several important amendments to the Federal Rules of Appellate Procedure take effect. The most impactful amendment is the shortening of the permissible length of appellate briefs, which will affect many appeals and will have a particularly significant impact on complex appeals such as patent cases, says Matthew Dowd of Dowd PLLC.

  • Tips For Increasing The Chances Of CFIUS Approval

    Daniel (DJ) Rosenthal

    The Committee on Foreign Investment in the United States remains a powerful regulatory body. The lesson from recent trends is not, as some have suggested, to retrench from engaging in inbound investment opportunities or to opt not to file a notice of a proposed transaction with CFIUS. Instead, companies should embrace the CFIUS process, says Daniel Rosenthal of Kroll.

  • OPINION: 3rd-Party Litigation Funding Needs Transparency

    Lisa A. Rickard

    The practice of third-party litigation funding, in which funders front money to plaintiffs law firms in exchange for a cut of any settlement or money judgment, is growing increasingly popular. Currently, litigators are not required to disclose the involvement of third-party funders, but transparency will improve justice in courts, say Lisa Rickard, president of the U.S. Chamber Institute for Legal Reform, and Mark Behrens, a partne... (continued)

  • 3rd Circ. Pipes Decision May Change FCA Litigation

    Douglas W. Baruch

    Troubling as the Third Circuit’s recent decision in Victaulic may be for businesses attempting to comply with complicated customs regulations, another aspect of the decision may be even more consequential, with an impact felt by defendants across the entire spectrum of False Claims Act cases, say attorneys with Fried Frank Harris Shriver & Jacobson LLP.

  • Och-Ziff: Takeaways From Landmark FCPA Case

    Jason A. Jones

    The recent Och-Ziff Capital Management enforcement action — one of the largest Foreign Corrupt Practices Act settlements in history — is notable for a number of reasons, not the least of which is that the U.S. Securities and Exchange Commission charged a sitting CEO and chief financial officer of an issuer with violating the FCPA for the first time, say attorneys with King & Spalding LLP.